MOUNTAIN ADVENTURES RELEASE & ASSUMPTION OF RISK AGREEMENT NAME: _______________________________________ DATE: __________________________ Please Print Date ADDRESS: ____________________________________________________________________________ Street
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NOTICE OF RISK I, the undersigned, do hereby understand and agree that the recreational activities including, but not limited to, The Woods Challenge Course, Canopy Crawl, Alpine Traverse, OGO, The Tree House Zip-Lines, The Sky Lift Ride, The Surface Lift, Bumper Boats, Cedar Maze, and Trail Hiking, contain inherent and other risks that could lead to serious injury or death. These risks include, but are not limited to, falling from or out of the various features, traveling at various rates of speed, collisions with other boats, participants, or spectators; collisions with natural and man-made objects, such as: trees, rocks, fencing, signage and related equipment, including the lift; falls related to rough terrain, including variations in steepness, surface conditions such as; slippery walking surfaces, and other environmental hazards. I further agree to inspect each feature and associated equipment prior to any use. I understand that I will receive instruction related to the use of features, where instruction is needed and agree to follow or ask for explanation of all the rules, policies, and user responsibilities prior to any use of the same. I agree that the user information provided by me is true and correct and further agree to adhere to all the feature rider limits. I accept for use, AS IS, the Mountain Adventure facilities including the lifts and other associated equipment. ASSUMPTION OF RISK Understanding, acknowledging and agreeing to all the risks involved, I hereby agree to expressly and voluntarily accept and assume for myself and/or my minor child all the risk involved with the use of the facilities. RELEASE OF LIABILITY In consideration of being allowed to use the Mountain Adventures at Roundtop Mountain Resort, I HEREBY AGREE NOT TO SUE AND TO RELEASE, SKI ROUNDTOP OPERATING CORP., AS WELL AS THEIR OWNERS, AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY RELATED TO ANY PAST, PRESENT OR FUTURE INJURY, PROPERTY LOSS OR ANY CLAIM OTHERWISE RELATED TO MY OR MY CHILD’S USE OF THE FACILITIES, REGARDLESS OF ANY NEGLIGENCE, GROSS NEGLIGENCE OR IMPROPER CONDUCT ON THE PART OF THE SAME. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE SAME, FROM ANY CLAIM FOR LIABILITY RELATED TO INJURY AS A RESULT OF MY OR MY CHILD’S USE OF THE FACILITIES, REGARDLESS OF ANY NEGLIGENCE. I agree that all disputes arising under this contract shall be litigated exclusively in the Court of Common Pleas of York County, Pennsylvania or in the United States District Court for the Middle District of Pennsylvania. Further, this agreement is governed by the applicable laws of the state of Pennsylvania. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. If I do not agree with the above, I will not use the Mountain Adventure facility. I, the undersigned have read, understand and agree to be legally bound by the above release agreement. Participant signature: ____________________________________________ (If a minor (under 18), the signature of a parent or guardian is required)
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Parent or Guardian Signature: ____________________________________________ Date _____________ (The signature of one parent or guardian binds both parents or guardians in reference to this agreement) Gk-13/14
SEE RIDER LIMITS ON REVERSE